Illegal Arrest, Detention: Court Slams N3million Damages On Bank, Police
The Federal High Court 1 sitting in Uyo,
has awarded the sum of three million naira (N3million) against Diamond Bank Plc
and the Nigeria Police Force for arrest and detention of one Sunday Jonah
Akpan.
The court presided by Honorable Justice
I.M Sani had in a suit No FHC/UY/CS/164/2017 had in its judgment held that the
arrest of the applicant by the Police on the investigation of Diamond Bank Plc
in lieu of his daughter, one Nyakno Sunday Akpan who absconded from the employ
of Diamond Bank because of her inability to account for N3million as BetNaija
agent of the bank was illegal and unconstitutional.
The court also held that the detention
of applicant’s Lexus 300 was unlawful, illegal and ordered the immediate
release of the car in addition to payment of N3million as exemplary damages.
The court equally restrained further
arrest or re-arrest of the applicant.
Reacting after the judgment, council to
the applicant, Barr. Sam Ukoima said that the “Court by this singular judgment has
risen again to the occasion of making a bold declaration on the illegality of
arrest and detention of innocent Nigerians by desperate police officers, who
are not guided by law in their operations”.
While equally commending the court for
what he described as “well researched judgment,” he expressed the hope that it
will serve as deterrent to the police, who are always quick to arrest and
defend Nigerians without investigation and justification.
He, however, added that the Police is a
respected institution and noting that there is no vicarious criminal liability
in our jurisprudence, hence, it was amazing that the applicant was arrested in
lieu of his daughter, who was alleged to have committed crime while in the
employ of Diamond Bank Plc.
Source:
The Sensor Newspaper
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